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Published on 1/5/2009 in the Prospect News Distressed Debt Daily.

Asarco seeks exclusivity extension to allow global resolution with creditors

By Jennifer Lanning Drey

Portland, Ore., Jan. 5 - Asarco LLC requested a 12th extension to its exclusive periods to file a plan of reorganization and solicit votes on the plan, according to a Monday filing with the U.S. Bankruptcy Court for the Southern District of Texas.

The company wants to extend the exclusive plan-filing period to March 17 from Jan. 16 and the solicitation period to May 18.

Asarco said it continues to assess options for emergence from bankruptcy, including entering into a settlement and amended agreement with Sterlite (USA) Inc., pursuing a breach of contract action against Sterlite, selling the company's assets to another buyer and filing a stand-alone plan.

The company said it has been in constant communication with its major creditor constituents and continues to work toward global resolution of their major contingent liabilities while also negotiating a consensual amended Chapter 11 plan.

Asarco said the exclusivity extension would allow these negotiations to continue without the cost and distraction of third-party plans.

"Because the debtors' financial position is tied to a downward-trending commodities market, the preservation of estate resources is critical in this stage of the debtor's Chapter 11 cases to avoid significant loss in value," Asarco said.

The company noted that it was not looking to re-impose exclusivity on the parent company, as the court previously modified exclusivity to allow Asarco's parent to file a plan.

A hearing has not yet been scheduled.

Asarco, a Tucson, Ariz., mining company, filed for bankruptcy on Aug. 9, 2005. Its Chapter 11 case number is 05-21207.


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